Berry v. Chamberlain

The opinion of the court was delivered by

Beasley, Chief Justice.

From the statement of the case before us, it appears that the essential facts to which this court is asked to apply the law are these, viz.: The defendant *464purchased, at a sale made by a constable acting under an execution issued out of the court for the trial of small causes, the chattels enumerated in this writ of replevin. Previously to that sale and immediately after the levy by the constable, the plaintiff in this case had served upon that officer a written claim to the property seized and now replevied, and had also applied,…